CAP. 341]
Arbitration
[1982 Ed.
Costs.
1950 c. 27. s. 18.
(Cap. 159.)
64189314
(Cap. 159.)
Taxation of arbitrator's or umpire's fees. 1950 c. 27, s. 19.
Costs, Fees and Interest
20. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall be deemed to include a provision that the costs of the reference and award shall be in the discretion of the arbitrator or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
(2) Any costs directed by an award to be paid shall, unless the award otherwise directs, be taxable in the Court.
(2A) Section 50 of the Legal Practitioners Ordinance (which provides that no costs in respect of anything done by an unqualified person acting as a solicitor shall be recoverable in any action, suit or matter) shall not apply to the recovery of costs directed by an award. (Added, 10 of 1982, s. 4)
(3) Any provision in an arbitration agreement to the effect that the parties or any party thereto shall in any event pay their or his own costs of the reference or award or any part thereof shall be void, and this Part shall, in the case of an arbitration agreement containing any such provision, have effect as if that provision were not contained therein:
Provided that nothing in this subsection shall invalidate such a provision when it is a part of an agreement to submit to arbitration a dispute which has arisen before the making of that agreement.
(4) If no provision is made by an award with respect to the costs of the reference, any party to the reference may, within 14 days of the publication of the award or such further time as the Court or a judge thereof may direct, apply to the arbitrator for an order directing by and to whom those costs shall be paid, and thereupon the arbitrator shall, after hearing any party who may desire to be heard, amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
(5) Section 70 of the Legal Practitioners Ordinance, which empowers a court before which any proceeding is being heard or is pending to declare a solicitor employed in the proceedings entitled to a charge on the property recovered or preserved in the proceedings, for his taxed costs in reference thereto, shall apply as if an arbitration were a proceeding in the Court, and the Court may make declarations and orders accordingly.
21. (1) If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may, on an application for the purpose, order that the arbitrator or umpire shall deliver the award to the applicant on payment into court by the applicant of the fees demanded, and further that the fees demanded shall be taxed by the taxing officer
12
CAP. 341]
Arbitration
[1982 Ed.
Costs.
1950 c. 27. s. 18.
(Cap. 159.)
64189314
(Cap. 159.)
Taxation of
arbitrator's or umpire's fees. 1950 c. 27, s. 19.
Costs, Fees and Interest
20. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall be deemed to include a provision that the costs of the reference and award shall be in the discretion of the arbitrator or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
(2) Any costs directed by an award to be paid shall, unless the award otherwise directs, be taxable in the Court.
(2A) Section 50 of the Legal Practitioners Ordinance, (which itioners Ordinance, (which provides that no costs in respect of anything done by an unqualified person acting as a solicitor shall be recoverable in any action suit or matter) shall not apply to the fecovery of costs directed by an award. (Added, 10 of 1982, s. §)
*(3) Any provision in an arbitration agreement to the effect that the parties or any party thereto shall in any event pay their or his own costs of the reference or award or any part thereof shall be void, and this Part shall, in the case of an arbitration agreement containing any such provision, have effect as if that provision were not contained therein:
Provided that nothing in this subsection shall invalidate such a provision when it is a part of an agreement to submit to arbitration a dispute which has arisen before the making of that agreement.
(4) If no provision is made by an award with respect to the costs of the reference, any party to the reference may, within 14 days of the publication of the award or such further time as the Court or a judge thereof may direct, apply to the arbitrator for an order directing by and to whom those costs shall be paid, and thereupon the arbitrator shall, after hearing any party who may desire to be heard, amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
(5) Section 70 of the Legal Practitioners Ordinance, which empowers a court before which any proceeding is being heard or is pending to declare a solicitor employed in the proceedings entitled to a charge on the property recovered or preserved in the proceedings, for his taxed costs in reference thereto, shall apply as if an arbitra- tion were a proceeding in the Court, and the Court may make declarations and orders accordingly.
21. (1) If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may, on an application for the purpose, order that the arbitrator or umpire shall deliver the award to the applicant on payment into court by the applicant of the fees demanded, and further that the fees demanded shall be taxed by the taxing officer
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